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  "title": "PUNJAB RIGHT TO PUBLIC SERVICES ACT, 2019",
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  "text": "THE PUNJAB RIGHT TO PUBLIC SERVICES ACT, 2019 \r\n(I of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Right to public services \r\n4. Notification of public services and time limit \r\n5. Provision of public service within the specified time limit \r\n6. Appeal \r\n7. Time frame for disposal \r\n8. Powers of Appellate Authority \r\n9. Display of public services \r\n10. E-governance of services \r\n11. Penalty for not providing public service \r\n12. Penalty for not deciding the appeal within the specified time \r\n13. Compensation \r\n14. Disciplinary action \r\n15. Acknowledgment of good performers \r\n16. Establishment of the Punjab Right to Public Services Commission \r\n17. Powers of the Commission \r\n18. Staff and officers to be public servants \r\n19. Power to issue directions \r\n20. Punishment for frivolous complaints \r\n21. Deposit of fines and fees \r\n22. Protection of action taken in good faith \r\n23. Act to have overriding effect \r\n24. Power of the Commission to send applica tions to the Appellate \r\nAuthority directly \r\n25. Bar of jurisdiction of Courts \r\n26. Power to make rules \r\n2 \r\n27. Power to frame regulations \r\n28. Power to remove difficulties \r\n \r\n \r\n3 \r\n \r\n \r\nTEXT \r\n1THE PUNJAB RIGHT TO PUBLIC SERVICES ACT, 2019 \r\n(I of 2019) \r\n[22nd January, 2019] \r\nAn \r\nAct \r\nto provide for delivery of public services to the people within the stipulated time limit. \r\nIt is necessary to provide for delivery of public services to the people within \r\nthe stipulated time limit, including liabilities of the government servants in case of \r\ndefault, administrative efficiency and for the matters connected therewith and \r\nancillary thereto; \r\n Be it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Right to Public Services Act 2019. \r\n(2) It extends to whole of the Punjab. \r\n (3) It shall come into force on such date as the Government may, by \r\nnotification in t he official Gazette, appoint and different dates may be appointed for \r\ndifferent provisions of the Act. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Right to Public Services Act 2019; \r\n(b) “Appellate Authority” means the concerned Administrative Secretar y of \r\nthe department or such other person or authority, as may be specified \r\nby the Government through notification in the official Gazette; \r\n(c) “Authority” means: \r\n(i) any department or attached department of the Government and \r\nsubordinate offices thereof; \r\n(ii) any offic e, Board, Commission, Council or any other body \r\nestablished by, any law for the time being in force; \r\n(iii) all institutions, established or constituted under the Punjab Local \r\nGovernment Act 2013 (XVIII of 2013); \r\n(iv) subordinate Courts and Tribunals; \r\n(v) a body which is owned, controlled or substantially funded by the \r\nGovernment, including enterprises owned by the Province by \r\nwhatever name called, required to render any services of public \r\nutility or to control, manage or regulate public services within a \r\nspecified local area; and \r\n(vi) any other body which undertakes public services; \r\n                                                           \r\n1This Act was passed by the Provincial Assembly of the Punjab on 14 January 2019; assented to by the Governor of the Punjab \r\non 21 January 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 22 January 2019, pp.1707 – 1713. \r\n4 \r\n(d) “Commission” means the Punjab Right to Public Services  \r\nCommission, constituted under the Act; \r\n(e) “department” means a department of the Government, established \r\nunder the Punjab Government Rules of Business, 2011; \r\n(f) “designated officer\" means an officer designated under section 4 of the \r\nAct; \r\n(g) “e-governance” means the use by the Government of web -based \r\ninternet applications together with other information technologies, \r\ncombined with processes that implement these technologies, to: \r\n(i) enhance the access to and delivery of the Government \r\ninformation and services to the public, other agencies and other \r\nGovernment entities; or \r\n(ii) bring about improvements in the Government operations   that \r\nmay include effectiveness, e fficiency, service quality, or \r\ntransformation; \r\n(h) “eligible person” means a person domiciled in the Punjab and having \r\nany accrued right to public service in the Province and shall include \r\ncorporations, companies, firms, businesses and organizations working \r\nin the Punjab; \r\n(i) “Government” means Government of the Punjab; \r\n(j) “prescribed” means prescribed by the rules and the regulations made \r\nunder the Act; \r\n(k) “public service ” means any service or services notified by the \r\nGovernment under section 4 of the Act; \r\n(l) “regulations” means regulations framed under the Act; \r\n(m) “rules” means the rules made under the Act; and \r\n(n) “specified time limit ” means the time limit within which the designated \r\nofficer is required to provide service as specified under subsection (1) \r\nof section 4 of the Act. \r\n3. Right to public services .– (1) Subject to the provisions of the Act, every \r\neligible person shall have a right to public services. \r\n(2) The right conferred under subsection (1) shall include the right to: \r\n(a) have access to the public service; \r\n(b) receive the public service within a specified time limit; \r\n(c) receive the public service in a transparent manner; \r\n(d) demand performance of duties and functions by the designated \r\nofficers in accordance with the provisions of the Act;  \r\n(e) hold the concerned designated officer account able for any \r\nservice deficiency in the public service; and \r\n(f) claim compensation from the concerned designated officer for \r\nhis failure to provide, or delay in providing a public service. \r\n4. Notification of public services and time limit .– (1) The Government m ay, \r\nby notification in the official Gazette, from time to time, specify any service to be a \r\npublic service, for the purposes of the Act and also specify, by a notification, the time \r\n5 \r\nlimit within which such services shall be provided by the designated offic er to the \r\neligible persons. \r\n (2) For providing public services specified under subsection (1), the \r\nGovernment may, by notification, designate different officers for different public \r\nservices, at tehsil, district, division, d epartment or  at any other approp riate level ,  \r\nwho shall be responsible for providing each of such service to the eligible persons. \r\n(3) While specifying the time limit for provision of any public service, in \r\norder to arrive at an informed decision, the Government may invite and receive \r\nrecommendations from all related public functionaries, as well as general public \r\nthrough prior publication of the proposed time limit along with a precise description of \r\nsuch service. \r\n5. Provision of public service within the specified time limit .– (1) The \r\ndesignated officer shall provide public services to the eligible persons within the time \r\nlimit as may be specified in the notification issued under subsection ( 1) of section 4 \r\nof the Act. \r\n(2) The specified time limit shall start from the date when an applic ation is \r\nsubmitted by the eligible person to the designated officer or to a person subordinate \r\nto him, authorized to receive the application for providing the public service. \r\n(3) All applications received by the designated officer or the authorized \r\nperson, shall be duly acknowledged by putting an inward stamp specifying the \r\ninward number, date and time of receipt of such application on the duplicate copy of \r\nsuch application. \r\n(4) On receipt of an application under subsection (3), the designated officer, \r\nshall, within the specified time limit, either provide the public service or reject the \r\napplication: \r\nProvided that in case of rejection of the application, the designated officer shall \r\nrecord reasons thereof and intimate the same to the applicant. \r\n6. Appeal.– (1) Any person, whose application has been rejected under \r\nsubsection (4) of section 5 of the Act, or who does not receive public service within \r\nthe specified time limit, or where the public service received by him is deficient in \r\nany manner, may prefer an appeal to the Appellate Authority, within a period of thirty \r\ndays from the date of such rejection or expiry of the specified time limit or receipt of \r\ndeficient service, as the case may be. \r\n(2) The Appellate Authority shall dispose of the appeal preferred u nder \r\nsubsection (1) within a period of thirty days from the date of presentation of the \r\nappeal. \r\n(3) The Appellate Authority may direct the designated officer to provide the \r\npublic service within such period of time as it may specify but not more than the t ime \r\nspecified in the notification or to remove the deficiency in public service provided to \r\nthe appellant or to pass such other order, including rejection of the appeal, as it may \r\ndeem fit: \r\nProvided that before passing any order under subsection (3), the A ppellate \r\nAuthority shall provide an opportunity of being heard to the appellant and to the \r\ndesignated officer. \r\n(4) In case the appellant or the designated officer is aggrieved of a final order \r\npassed under subsection (3), he may prefer an appeal to the Com mission, within \r\nfifteen days of issuance of such final order of the Appellate Authority. \r\n6 \r\n7. Time frame for disposal.– (1) An appeal under subsection (4) of section 6 of \r\nthe Act, shall be disposed of within thirty days of the receipt of appeal. \r\n(2) Any other matter or complaint, to be adjudicated by the Commission, may \r\nbe disposed of, within a period of sixty days, from the date of receipt of such \r\ncomplaint or entrustment of such matter, as the case may be. \r\n8. Powers of Appellate Authority .– The Appellate Au thority shall, while  \r\ndeciding an appeal under section 6 of the Act, have the same powers as are vested \r\nin the Civil Court under the Code of Civil Procedure, 1908 ( V of 1908), in respect of \r\nthe following matters: \r\n(a) requiring the production and inspection of documents; \r\n(b) issuing summons for hearing to the designated officer and the \r\nappellant; \r\n(c) requisitioning any public records or copies thereof from any \r\nGovernment office; \r\n(d) levying of fine or compensation upon the concerned designated \r\nofficer to pay compensation; \r\n(e) directing the designated officer to pay compensation to the \r\neligible person; and \r\n(f) any other matter which may be prescribed by the rules. \r\n9. Display of public services .– The details of the designated officers, public \r\nservices and the specified time l imit thereof shall be displayed locally on the notice \r\nboard in every Authority and notified in the official Gazette and if possible, also on \r\nthe website of the concerned Authority, for the information of the general public. \r\n10. E-governance of services.– The Government shall endeavor and encourage \r\nall the authorities required under the Act to deliver to the eligible persons, the public \r\nservices within the specified time limit, as a part of e-Governance. \r\n11. Penalty for not providing public service.– (1) If the Appellate Authority is of \r\nthe opinion that  the designated officer has failed to provide a public service to the \r\neligible person within the specified time limit or has caused delay in providing the \r\npublic service or has provided the public service, whic h is deficient in any manner, \r\nthe Appellate Authority shall by notice, call upon the designated officer to show \r\ncause, within thirty days of the receipt of such notice, for failure to provide such \r\npublic service. \r\n(2) If, after having considered the cause, if any shown by the designated \r\nofficer, the Appellate Authority opines that the designated officer has acted in the \r\nmanner as provided in subsection (1), the Appellate Authority shall, impose a fine on \r\nsuch designated officer which may extend to rupees twe nty five thousand but shall \r\nnot be less than rupees five hundred. \r\n12. Penalty for not deciding the appeal within the specified time.– Where the \r\nCommission is of the opinion that the Appellate Authority has failed to decide the \r\nappeal within the time limit specified in subsection (2) of section 6, without any \r\nsufficient or reasonable cause, it may impose a fine on the Appellate Authority, \r\nwhich shall not be less than rupees one thousand but may extend to rupees twenty \r\nfive thousand: \r\nProvided that before impo sition of such fine, the Appellate Authority shall be \r\ngiven a reasonable opportunity of being heard by the Commission. \r\n7 \r\n13. Compensation.– On imposition of fine under section 11 or section 12, the \r\nAppellate Authority or the Commission, as the case may be, b y order, direct that a \r\nportion of such fine imposed, as it may deem fit, be awarded to the aggrieved \r\nperson, as compensation: \r\nProvided that the amount of such compensation awarded shall not exceed \r\nseventy percent of the amount of fine imposed. \r\n14. Disciplinary action.– In addition to the imposition of fines under section 11 \r\nor section 12, the Commission may, if it is satisfied that the designated officer or the \r\nAppellate Authority, as the case may be, has failed to discharge the duties assigned \r\nto him under the Act without sufficient or reasonable cause, recommend disciplinary \r\naction against him under the relevant law and the rules for the time being in force. \r\n15. Acknowledgment of good performers .– (1) The Government, may by \r\nnotification or otherwise, maint ain and publish from time to time but at least once in \r\nevery quarter, a roll of honour, acknowledging the names of those designated \r\nofficers and other Government servants appearing on it, who have been consistently \r\nperforming well either in providing publi c services timely and in  efficient manner, or \r\nhave been reputed for discharging their administrative duties and disposal of case \r\nwork, adequately and within prescribed time as envisaged under the Act. \r\n(2) The Government may prescribe independent evaluation criteria, designate \r\nan independent panel of evaluators from amongst members of Commission or \r\notherwise and devise a comprehensive policy for the purposes of acknowledgment \r\nof the services of good performers, as laid down in subsection (1): \r\nProvided that while prescribing the policy, the Government may, amongst other \r\nthings to acknowledge the services of good performers and promote the culture of \r\nefficient and timely service delivery, also prescribe and approve cash rewards for the \r\nbest performers. \r\n16. Establishment of the Punjab Right to Public Services Commission .– (1) \r\nThe Government shall, by notification in the official Gazette, establish an \r\nindependent Commission to be known as the Punjab Right to Public Services \r\nCommission, to exercise the jurisdiction , powers and authority conferred under the \r\nAct, including: \r\n(a) hearing appeals against the orders of the Appellate Authority; \r\n(b) making provisions for speedy access to public services in \r\naccordance with the provisions of the Act; and \r\n(c) payment of compen sation for delayed delivery of public service \r\nby any designated officer to the eligible person. \r\n(2) The Commission shall comprise a Chief Commissioner and two \r\nCommissioners, to be appointed by  the Government from persons having domicile \r\nof the Punjab, in s uch manner and on such terms and conditions, as may be \r\nprescribed, and until so prescribed, as may be determined by the Government. \r\n(3) The Commission shall be headed by the Chief Commissioner, who shall be \r\na retired senior Government servant, not below th e rank of BPS -21 with proven \r\nintegrity and intellect. \r\n(4) The other two Commissioners shall be appointed by the Government, in \r\nthe following manner: \r\n8 \r\n(a) a former civil servant of BPS -20 or above, with proven integrity and \r\nintellect, who has demonstrated expert ise in one or more of the \r\nfollowing: \r\n(i) financial management; or \r\n(ii) public administration, regulation and discipline; \r\n(b) an eminent person, having a bachelor degree in the relevant field and \r\nhas been associated with public services for a period of fifteen years, \r\nprovided that he may not be less than forty five years of age. \r\n(5) The Chief Commissioner and the Commissioners shall hold office for a \r\nperiod of three years from the date on which they enter upon office or until they \r\nattain the age of sixty five years, whichever is earlier. \r\n(6) Upon completion of their term, the Chief Commissioner and the \r\nCommissioners shall not be eligible for reappointment. \r\n(7) In the event of the absence or incapacity of the Chief Commissioner or any \r\nof the Commissioners, or if that offic e is vacant, the Government may appoint any \r\nqualified person to hold that office in the interim for a term not exceeding six months \r\non the terms and conditions determined by the Government. \r\n(8) The Government may remove the Chief Commissioner or the \r\nCommissioner before the expiry of his term on ground of misconduct or of being \r\nincapable of properly performing the duties of his office by reason of physical or \r\nmental incapacity: \r\nProvided that before removing the Chief Commissioner or the Commissioner, \r\nas the case may be, the Government shall give him an opportunity of being heard in \r\nperson. \r\n(9) The Chief Commissioner and the Commissioners shall engage exclusively \r\nin the duties and functions of the Commission and may not hold any other office of \r\nprofit or engage in any other employment for reward. \r\n(10) The Government shall provide the Commission with such officers and \r\nministerial staff, as may be required for the discharge of its functions under the Act. \r\n(11) The Commission may, in consultation with the Governme nt, appoint such \r\nofficers and ministerial staff, as may be necessary for the discharge of its functions \r\nunder the Act. \r\n17. Powers of the Commission.– (1) The Commission shall, for the purposes of \r\nits functions under the Act, have the same powers as are ves ted in a civil court \r\nunder the Code of Civil Procedure, 1908 (V of 1908) in respect of the following \r\nmatters, namely: \r\n(a) summoning and enforcing the attendance of any person and examining \r\nhim on oath; \r\n(b) discovery and production of any document or other material  object \r\nproducible as evidence; \r\n(c) receiving evidence on affidavits; \r\n(d) requisitioning of any public record; \r\n(e) issuing commission for the examination of witnesses; \r\n(f) reviewing its decisions, directions and orders; and \r\n(g) any other matter which may be prescribed by the rules. \r\n9 \r\n(2) The Commission shall have powers to regulate its own procedure. \r\n(3) The Commission shall arrange to deliver copies of the decision to the \r\nparties concerned within a period of fifteen days from the date of such decision. \r\n18. Staff and officers to be public servants .– The staff and officers of the \r\nCommission shall be deemed to be public servants within the meaning of section 21 \r\nof the Pakistan Penal Code, 1860 (XLV of 1860). \r\n19. Power to issue directions.– (1) The Commission shall, upon adjudication of  \r\na complaint, have the power to issue directions: \r\n(i) requiring any Authority entrusted with administration to take such steps \r\nas may be necessary to secure compliance with the provisions of the Act \r\nor any other law under which the eligible person, entitled to  a right or \r\nbenefit; and \r\n(ii) requiring the payment of compensation to the eligible person, \r\n(2) Where the Commission, is satisfied that there are reasonable grounds to \r\ninquire into the matter, it may initiate an inquiry in respect thereof and shall enjoy \r\npowers available to a Tribunal under the Tribunals of Inquiry Act, 1969 (II of 1969). \r\n20. Punishment for frivolous complaints .– (1) Any person, whose appeal \r\ncomplaining against an alleged provision of public service or alleging any deficiency \r\ntherein, withi n stipulated time is rejected by the Appellate Authority and while \r\ndeciding so, the Appellate Authority is also of the view that his complaint was false, \r\nfrivolous or vexatious and if such order is upheld by the Commission also, the \r\ncomplainant shall be served by the Commission, with a show cause notice, requiring \r\nhim to submit his reply within a period of fifteen days of show cause in writing that \r\nwhy he shall not be prosecuted for filing a frivolous complaint. \r\n(2) If the Commission is satisfied, upon rece iving the reply to show cause \r\nnotice and hearing the parties that the c omplaint so filed was false and frivolous, it \r\nmay proceed to fine the complainant for an amount up to rupees fifty thousand. \r\n21. Deposit of fines and fees .– (1) All fines, except those in nature of \r\ncompensation to be paid to the eligible person under the Act , shall, upon recovery, \r\nbe immediately deposited in the Public Account of the Province, so maintained in \r\nterms of Article 118 of the Constitution while all fees shall be deposited in the \r\nProvincial Consolidated Fund.  \r\n(2) All Authorities shall be bound to give effect to the orders and directions \r\nof the Commission in enforcing its decisions and orders, including but not limited to \r\norders related to attachment and remission of properties , salaries and othe r \r\nreceivable of the defaulters. \r\n22. Protection of action taken in good faith .– No suit, prosecution or any other \r\nlegal proceedings shall lie against any person for anything which is done or intended \r\nto be done in good faith, in pursuance  of the provisions of the Act or the rules made \r\nthereunder. \r\n23. Act to have overriding effect .– The provisions of the Act shall have effect \r\nnotwithstanding anything to the contrary contained in any other law for the time \r\nbeing in force. \r\n24. Power of the Co mmission to send applications to the Appellate \r\nAuthority directly .– Notwithstanding anything contained in the Act, the \r\n10 \r\nCommission, if it receives any application alleging non -compliance of the provisions \r\nof the Act, may , if it deems fit, send such an appli cation directly to any Appellate \r\nAuthority for taking further action in the matter in accordance with the provisions of \r\nthe Act. \r\n25. Bar of jurisdiction of Courts .– No Court shall entertain any suit, application \r\nor other proceeding in respect of any order made under the Act and no such order \r\nshall be called in question otherwise than by way of appeal under the Act. \r\n26. Power to make rules .– (1) The Government may, by notification in the \r\nofficial Gazette, make rules to carry out the purposes of the Act. \r\n(2) Without prejudice to the generality of subsection (1), the Government \r\nshall have the power to prescribe forms and fees for mak ing applications under the \r\nAct. \r\n27. Power to frame regulations.– The Commission may, for the purposes of the \r\nAct, frame regulations not inconsistent with the Act and the rules. \r\n28. Power to remove difficulties.– (1) If any difficulty arises in giving effect to \r\nthe provisions of the Act, the Government may, by order, make such provisions, as it \r\nmay deem necessary or expedient, for removal of the difficulty. \r\n(2) Every order made under this section shall, as soon as may be after it is \r\nmade, be laid before Provincial Assembly of the Punjab.",
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